W911XK18R0004_FY18_Heavy_Equipment_Rental.pdf

SEE ADDENDUM

(No Collect Calls)

W911XK18R0004 17-Nov-2017

b. TELEPHONE NUMBER

313.226.5382

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 28 Nov 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911XK9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ROCHELLE ROSS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING BRANCH

USACE DETROIT DISTRICT

477 MICHIGAN AVENUE, 7TH FLOOR

DETROIT MI 48226-4523

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: (313) 226-6819 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$32,500,000

NAICS:

532412

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF55

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911XK18R0004

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK

Rental Specifications

1. This equipment will be used to support work in and around a lock and dam structure and maybe used in a lock that has been dewatered. The equipment shall come equipped with engineered lifting points capable of supporting the fully assembled and fueled unit. The equipment shall be capable of operating on concrete or grass surfaces in winter type conditions, e.g. frigid weather, ice and snow. All motorized equipment with a combustion engine shall come with a cold starting package, e.g. not limited to engine block heater and battery warmer and must be able to start and operate in conditions up to -20 degrees F.

2. The rental equipment shall be equal to the following specified equipment in the table below, which primarily includes attributes such as reach capabilities, load capacities, physical weight and dimensions. Any equipment falling outside of these specifications must be approved by the designated Government Technical Point of Contact.

CLIN QTY Description U/M Rental Period

0001 4 One (1) Broderson IC 200-2C carry deck crane equipped with anti-two block, rated capacity limiter, boom extension (jib), wire rope length of at least 250’, four-wheel drive, and all weather cab

Month Dec 11 2017

- April 14, 0002 4 One (1) 150-170 HP 4x4 John Deere Tractor with fully enclosed climate controlled cab, bucket, pallet forks and with S/L front end loader. Total rental not to exceed 50 operating hours.

Price per hour

Month Dec 11 2017

– April 14, 0003 Price per hour if Greater than 50 hours $________________

0004 2 One (1) Aerial work Platform,Straight Boom Lift, 65-

66', 4WD

Month Jan 8 2018- March 26, 0005 4 Two (2) Welder Arc 500 Amp Diesel With Air Pack, towable,100' extra welder lead, 10' stinger and ground, Air Arc Gouger

Month Dec 18 2017 to April 14

0006 3 One (1) Arc Welder, 300 Amp Diesel, Towable, 100' extra welder lead, 10' stinger and ground

Month Jan 8 2018 to April 14

0007 3 One (1) Scissor Lift, maximum platform, minimum height 40 feet with rough terrain tires and a cold weather starting package. Also include leveling jacks. Model JLG430LRT or equal.

Month Jan 8 2018 to April 14

0008 3 One (1) Manlift, minimum height 80 feet

Month Jan 8 2018 to April 14

0009 100 Fueling Service if equipment is not fully fuelled when returned for either gas or diesel. Not to exceed Quantity

Gal

00010 1 Delivery and Pickup of Equipment

Job As Scheduled

3. Rental costs will be paid on a prorated bases should the equipment be returned earlier than the rental period.

4. All equipment shall arrive in fully functional condition, meet all OSHA safety and EM 385-1-1 requirements, all safety lock-outs and devises shall be functioning as intended by the manufacturer and come complete with all necessary documentation and certifications where applicable. Delivered equipment that is judged by the designated Government Representative to be unsafe or nonconforming shall be promptly removed from site at the Contractor’s expense.

5. Any routine equipment maintenance or any repairs required shall be furnished and installed by a qualified person supplied by the successful bidder. Daily equipment checks (supplied with the equipment) will be completed by the Government person operating the equipment. Any deficiencies noted will be promptly reported to the successful bidder who will have six (6) hours to correct the noted deficiencies.

6. The transportation/delivery costs of all rental equipment and associated materials to and from the job site at 119 East Water St., Sault Ste Marie, MI 49783 is the responsibility of the awarded bidder throughout the term of the contract.

7. The rental equipment shall be onsite the week of Dec 11, 2017 or as stated in the delivery schedule. Delivery shall be coordinated with a designated Government representative, and shall be scheduled to arrive at the job site during normal work days and hours. This includes Monday through Friday between the hours of 7:00 a.m. and 3:00 p.m., excluding Federal holidays.

Alternate delivery times must be approved on a case-by-case basis by the designated Government representative.

8. The contractor shall be capable of providing maintenance and repair on site, on an as needed basis within six (6) hours of the reported equipment deficiency. If the nonoperational equipment cannot be repaired within 24 hours, the successful bidder shall be required to replace the equipment in kind within 36 hours of the original notification.

9. The technical point of contact is Jason Wojnaroski, phone (906) 635-3484. Alternative point of contact is Pete Sporte (906) 635-3456 and Justin Proulx (906) 635-3477.

10. Security Requirements and Clearance of Personnel

a. All personnel employed by the contractor in the performance of the services specified in this contract or any representative of the Contractor entering the work area shall conform and comply with all applicable U.S. Army Corps of Engineers, facility access, security policies and procedures. (Provided by government representative). All personnel and vehicles are subject to search upon entry, exit and within the confines of the facility.

b. Pre-screening of contractor candidates via E-verify Program: The Contractor must pre‐screen candidates using the E‐verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor must ensure that all employees, suppliers, and subcontractors working on the site have two valid forms of Government-issued identification prior to entering the information in E-Verify. The Contractor must ensure the correct information is entered into the E‐verify system. A verification sheet for each verified/eligible contractor candidate must be provided to the COR no less than two weeks prior to on-site work as indicated on the approved contract schedule.

(The purpose of using E-Verify is to ensure all contract-related workers are U.S. citizens or documented foreign citizens with authority to work in the United States of America). The COR will forward the verification sheets to the USACE, Detroit District Security Office for validation.

c. Clearance of Personnel: All Contractor and Sub-Contractor employees are required to have a National Crime Information Center (NCIC) check prior to their being able to enter the work site. NOTE: Contractors requiring access to areas containing systems or components of Supervisory Control And Data Acquisition (SCADA) require a separate and more extensive security background check, which is explained in paragraph (e). Any contractor employee who will enter any facility on this installation to include (but not limited to) Buildings, Operational Shelters, Lock Galleries or the Deep Service Tunnel will have access to the SCADA system. The only excepted facility is the first floor of the Administration Building to attend meetings. It is the contractor's responsibility to determine if access to a facility is needed in time to comply with the requirements, if needed.

The Contractor should expect a return on NCIC results within 72 hours, at which time the Security Office will adjudicate and make a determination and if favorable, the Government can issue the contractor an access card. The Contractor will be responsible for working with the Contracting Officer Representative (COR) to provide the information for a NCIC check.

The contractor must provide the following information for every contractor entering the work site:

1. Name: (Last, First MI (Jr./Sr.)

2. Business Name

3. Driver's License Number

4. State of Issue

5. Expiration Date of Driver’s License

6. Date of Birth

7. Citizenship, i.e. U.S., Canadian, Mexican, etc.

8. Social Security Number

d. Should any contractor’s NCIC check come back negative, that particular contractor will not be permitted to come onto the work site. It is the contractor’s responsibility to replace any workers not permitted on the worksite. Exclusion or expulsion of an employee resulting from a negative NCIC report shall not result in an increase in the contract amount.

e. All Contractor and subcontractor employees (U.S. citizens and Non- U.S. citizens working under this contract or applicable task orders who require access to areas containing systems or components of Supervisory Control And Data Acquisition (SCADA) shall, at a minimum, be subject to a Personnel Security Investigation with Fingerprints. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the National Agency Check (NAC) and forward visit requests/results of NAC to the Detroit District Security Office. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Detroit District Security Office will process the investigation in coordination with the Contractor and contract employees.

Each applicable contractor shall initiate the process for site access by following the instructions listed below, within 15 days of requiring access to the worksite:

Coordination for fingerprints, at no cost to the contractor, is to be conducted with the local Security Office at 906-635-3485. The Contractor should expect a return on fingerprint results within (10) working days, at which time the Security Office will adjudicate and make a determination and if favorable, the Government can issue the contractor an access card.

The Security Office will also require from each Contractor employee, under this category to complete and sign an OF-306, Declaration for Federal Employment form as well as a completed PSIP Pre-Investigation Information Sheet before the background investigation can be initiated. These will be made available electronically from the Security office. The Point of contact for OF-306 and PSIP forms is Starr Gallegos at (906) 635-3465 or Starr.M.Gallegos@usace.army.mil After the background investigation is initiated by the Security Office, the Contractor employee must follow up and complete the E-QIP online questionnaire within 5 business days of receiving the instructional email from the Personnel Security Investigation Portal Center of Excellence. It is extremely important that the Contractor understand that illegible information provided to the Security Office will cause delay to the process. The Point of contact for this process is Starr Gallegos at (906) 635-3465 or Starr.M.Gallegos@usace.army.mil A negative background investigation (NAC) or a contract employee’s failure to complete the online questionnaire in a timely manner may result in the exclusion or expulsion of Contractor employees from the site as determined by the Detroit District, Chief, Security & Law Enforcement. Exclusion or expulsion of a contractor resulting from a negative background investigation (NAC) shall not be subject to the Disputes clause and shall not result in an increase in the contract amount.

f. Security Checks ‐ All contract employees must carry pictured identification at all times. They must show I.D. upon request by both Security and Government personnel. The Contractor's employees must enter the site through the main security checkpoint unless otherwise approved by the Contracting Officer. The Contractor's employees will be subject to such additional checks as may be deemed necessary to ensure that no violation of security rules has occurred.

g. Security Access List - The contractor shall be required to maintain a list of personnel needing access to the site. The list shall be updated at least weekly or each time a change is made. The template for the list will be provided to the contractor at the Pre-construction conference. The list shall be submitted prior to 1400 at least 24 hours prior to an individual requiring site access.

h. Facility Access: 24 hour per day 7 day a week access to the facility is through the unmanned automatic parking lot gate (Gate 4 Foot of Ashmun St.). Gates 15, 13, 10, and 7 are open generally 0600-1800 7 days a week between May and September. Gate 9 is generally open 0600-1800 7 days a week year round. The front door of the warehouse is generally open 0600-1800 Monday – Friday excluding Federal Holidays. There are numerous other automatic gates that the contractor may be required to pass through in order to reach the work area. Gate Access through any of the gates listed above are subject to change.

Access through any non-automated gates or Gate 15, 13, 10, 7 and 9 outside of established hours must be coordinated in advance with the COR so the Government can coordinate with the Security Contractor.

The government will not provide guard escort services for the contractor.

All automatic entrances require personnel to be in possession of a:

FIPS 201 compliant identification card. CAC, PIV, TWIC, etc.

Contractor employees may be required to know the PIN number for their FIPS 201 compliant identification card to access certain areas of the facility. The Government can only reset PINs on CAC cards. The Government will not issue CAC cards to contractor personnel.

i. Loitering: Contractor personnel shall not loiter in or around the place of duty during off-duty hours. Upon completion of assigned duty, employees shall depart the grounds.

j. Photography: Contractor personnel shall not photograph or otherwise survey, record, transmit, or receive images of the project work, work area, and facility that are not required for performance of the contract. Cameras, telephones, and recording devices are subject to inspection upon request by police, security personnel and other authorized Government representatives. This requirement does not apply to activities conducted on personal time from spaces that are accessible to the general public. Federal, state, and local laws, codes, and regulations apply.

k. Exclusion or Expulsion from the Site ‐ Any failure to observe the security rules may result in the potential exclusion or expulsion of a Contractor employees from the site as determined by the Detroit District, Chief, Security & Law Enforcement. Exclusion or expulsion of an employee resulting from the failure of an employee to observe the security rules shall not be subject to the disputes clause and shall not result in an increase in the contract amount.

INSTRUCTIONS TO OFFRRORS

1. All offerors are reminded to complete and submit with your quote all FAR and DFARS Provisions related to Representations and Certifications.

2. Offerors shall complete and submit any additional full text certifications that are included in the solicitation.

An offeror may also complete the certifications at https://www.sam.gov in lieu of completing the representations and certifications in this solicitation provided that all the FAR and DFARS certifications contained in the solicitation have been completed on line.

3. All offerors shall be registered at https://www.sam.gov with the NAICS code that is shown on the front page of the SF1449 in Block 10 prior to submission of the quote.

4. Remember to sign the 1449 before submitting your proposal.

5. Submit proposal via e-mail to LRE-Quotes@usace.army.mil

NOTE: Failure to comply with the above instructions may result in an offeror not being eligible for award.

SPECIAL NOTICE

The Government will not be responsible for repairing items such as, but not limited to, minor cosmetic dings and scratches, surface slices on tires, paint, and basic exterior and interior cleaning of the equipment.

Additionally, the Government will not be responsible for the replacement of worn parts associated with the listed use of the equipment, such as, but not limited to, hydraulic hoses and components, seals, tires, buckets, teeth, blades, and pins.

SECURITY REQUIREMENTS

a. All personnel employed by the contractor in the performance of the services specified in this contract or any representative of the Contractor entering the work area shall conform and comply with all applicable U.S. Army Corps of Engineers, facility access, security policies and procedures (provided by government representative).

b. Security Checks ‐ All employees or contractors must carry pictured identification at all times. They must show I.D. upon request by Government personnel. The Contractor's employees will be subject to such additional checks as may be deemed necessary to ensure that no violation of security rules has occurred.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Months

IGF::OT::IGF

FFP

One (1) Broderson IC 200-2C carry deck crane equipped with anti-two block, rated capacity limiter, boom extension (jib), wire rope length of at least 250’, four-wheel drive, and all weather cab FOB: Destination

NET AMT

0002 4 Months

IGF::OT::IGF

FFP

One (1) 150-170 HP 4x4 John Deere Tractor with fully enclosed climate controlled cab, bucket, pallet forks and with S/L front end loader. Total rental not to exceed 50 operating hours.

0003 10 Hours

IGF::OT::IGF

FFP

150-170 HP 4x4 John Deere Tractor with fully enclosed climate controlled cab, bucket, pallet forks and with S/L front end loader.

Include price per hour if greater than 50 hours.

0004 2 Months

IGF::OT::IGF

FFP

One (1) Aerial work Platform,Straight Boom Lift, 65-66', 4WD

0005 4 Months

IGF::OT::IGF

FFP

Two (2) Welder Arc 500 Amp Diesel With Air Pack, towable,100' extra welder lead, 10' stinger and ground, Air Arc Gouger

0006 3 Months

IGF::OT::IGF

FFP

One (1) Arc Welder, 300 Amp Diesel, Towable, 100' extra welder lead, 10' stinger and ground

0007 3 Months

IGF::OT::IGF

FFP

One (1) Scissor Lift, maximum platform, minimum height 40 feet with rough terrain tires and a cold weather starting package. Also include leveling jacks.

Model JLG430LRT or equal.

0008 3 Months

IGF::OT::IGF

FFP

One (1) Manlift, minimum height 80 feet

0009 100 Months

IGF::OT::IGF

FFP

Fueling Service if equipment is not fully fueled when returned for either gas or diesel not to exceed quantity.

0010 1 Job

IGF::OT::IGF

FFP

Delivery and Pickup of Equipment

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.246-16 Responsibility For Supplies APR 1984 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph…